Posted on:Nov 05, 2021

How To Prove A Wrongful Death Case

HomeBlogHow To Prove A Wrongful Death Case

Death is never a pleasant thing to talk about. This is even more true when death is caused unexpectedly and by the negligent actions of another person, organization, or group. The days following a wrongful death can also be quite difficult. Different documents and services may need to be dealt with along with a series of other things. Proving that the death was indeed a wrongful one is also quite a challenge. This is where many people turn to professionals for help. Professionals, like a wrongful death lawyer from a firm like Saavedra Law Firm, PLC, have experience in these realms of law if you decide that gaining legal assistance is the way to go. However, it isn’t mandatory or always necessary to seek legal counsel but it’s definitely a lot easier to navigate wrongful death having a legal professional or team on your side.

How To Prove Wrongful Death

Proving wrongful death can be a difficult thing to do. This is especially true if you have little to no experience in dealing with legal matters. It must first be proven that a negligent act definitely caused the death due to another person, organization, group, or entity. This can be established in a few different ways when the defendant has violated a duty they were supposed to uphold. Examples include:

Car Accidents – Drivers of a vehicle have a duty to drive safely and keep themselves at a safe distance from other motorists and people. If they violate this and cause an accident that is their fault and that accident results in death then this is a breach of that duty to drive safely. 

Medical Malpractice – Medical personnel, like surgeons and doctors, are required to meet a high standard of care for their patients. When they violate that duty and cause the death of a patient then this may be considered a wrongful death.

Construction Accidents – When a construction company or construction worker doesn’t put in place a firm safety culture or follow proper protocol it could lead to a catastrophe like a death. 

Proving Wrongful Death Con’d

Once it has been established that there is a solid base for the wrongful death there must be evidence provided that proves that the death was definitely caused by that negligent act. For example, this is where it must be proven that the accident wasn’t just a simple accident. Instead, negligence or a complete lack of care must be proven in order to show that the death was caused by that action. Having the proper documentation, like a police report, or reports from a further investigation may be helpful in this regard. 


Finally, damages for certain things must be presented for the case to be complete. These damages may include:

  • Lost wages of your loved one prior to their death
  • Any medical bills they may have had prior to their passing
  • Loss of companionship
  • Pain and suffering for the loved one prior to their death
  • Funeral costs
  • Any other related items

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